Due Process & the Courts
The Supreme Court Strikes Down Vague Deportation Law
The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be deported for a conviction for what is known in immigration law as a “crime of violence.” The “crime of… Read More
The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants
In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (LOP) despite its demonstrated ability to increase efficiencies in the nation’s horribly backlogged immigration courts. Read More
Immigration Judge Quotas Could Result in Assembly Line Justice
In a controversial move, the Department of Justice recently announced new case completion quotas for immigration judges. These new quotas will result in time constraints and pressure for judges to reach decisions quickly, impacting individuals’ ability to have a fair day in court. The Executive Office… Read More
Court Ensures That Asylum Seekers Will Receive a Fair Opportunity to Apply for Asylum
A federal court judge in Seattle ordered the government to notify asylum seekers that they are required by law to file their asylum applications within one year of their entry, and to adopt and implement a procedure that will ensure that applicants are able to file their asylum applications… Read More
Supreme Court Finds No Right to a Bond Hearing Under Immigration Law
Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon is the U.S. Constitution. The ruling by Justice Samuel Alito in Jennings v. Rodriguez reverses a decision that had required… Read More
Supreme Court Rejects the Government’s Premature Request to Hear DACA Case
The Supreme Court rejected the Trump administration’s request to hear an emergency appeal of a lower court’s January decision that prevents the government from fully ending the Deferred Action for Childhood Arrivals (DACA) initiative. Now that the Supreme Court has rejected their request, the government must… Read More
Brief Argues Attorney General Lacks Impartiality Necessary to Decide Immigration Cases
In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, utilizing a regulation that gives attorney generals the power to reconsider cases previously decided by the Board of Immigration Appeals. But Sessions’ hostile anti-immigrant public statements, made over the course of his entire career, make him unfit to rule in an immigration case. Read More
In a Decision Strongly Rebuking ICE, Court Orders the Release of Ravi Ragbir
Following the contentious arrest of immigrant activist Ravi Ragbir, a federal district court ordered his immediate release from Immigration and Customs Enforcement detention on Monday. The executive director of the New Sanctuary Coalition of New York City was unexpectedly detained at an ICE check-in on January 11, sparking… Read More
Lawsuit Filed Against DOJ and Judges in North Carolina Who Refuse to Hold Bond Hearings
In a sharp departure from the practice of immigration courts around the country, immigration judges in North Carolina are refusing to conduct bond hearings for detained immigrants who come before the Charlotte Immigration Court. This unlawful, alarming, and unconscionable practice deprives noncitizens of their basic due process rights. Read More
Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts
In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board of Immigration Appeals, which hears appeals from immigration courts nationwide. Sessions referred the case to himself after an immigration… Read More
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